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Nursing Home Rating Tool Launched

By
Barron, Rosenberg, Mayoras & Mayoras P.C.
|June 20, 2015

We’ve been following the widespread issue of
nursing home abuse for some time. Last year, the former Bush administration finally published
the names of 131 of the nation’s worst nursing homes. Now, says
the Wall Street Journal, the federal government is increasing efforts
to improve nursing home care by implementing an evaluative Web-based tool.

The
Centers for Medicare and Medicaid Services (CMS) will initiate the pilot program this summer to track how cash incentives
to nursing homes improve care, specifically in nurse staffing and preventable
hospitalizations, said the Journal. The agency also flags those listed
as the worst, which has increased to about 135, on the Web site. The most
problematic facilities are labeled as “Special Focus Facilities,”
noted the Journal.

In a harrowing example of the widespread problem of elder abuse and negligence,
last year, the family of a deceased Norwich, Connecticut man filed what
is believed to be the first wrongful death lawsuit against officials at
Connecticut’s largest nursing home chain: Haven Healthcare. The
suit claimed that misappropriation of Haven funds by Chief Executive Officer
Raymond Termini contributed to “deplorable conditions.” The
family also sought permission to sue the state departments of public health
and social services, and Nancy Shaffer, the state’s long-term care
ombudsman, for failing to investigate and act on complaints lodged by
the family.

The deceased family member was a patient at Haven homes for over two years
when he was rushed to a hospital after his wife found him in excruciating
pain and his legs gangrenous and in early rigor mortis, allegedly due
to an untreated and infected pressure sore on his hip and physical restraints
that immobilized him. The man died two days later.

There are roughly 16,400 nursing homes nationwide and taxpayers spend about
$72.5 billion annually to subsidize nursing home care. Late last year
the CMS began ranking nursing homes “based on government inspection
results, staffing data, and quality measures” via the “Nursing
Home Compare” system, which is available at medicare.gov/NHCompare,
said the Journal.

“We are certainly taking assertive steps to make sure nursing-home
residents are adequately protected and to stimulate improvement on the
part of various providers,” said Thomas Hamilton, CMS’s survey
and certification group’s director, quoted the Journal.

The Journal also pointed out that approximately three million Americans
require nursing-home care annually. A costly expense, many elderly and
disabled patients must pay for such care themselves because they earn
too much to qualify or simply don’t qualify for the benefit. If
covered, benefits are limited—up to a mere 100 days following a
minimum of three-day hospitalization with a doctor ordering care for the
same reason as the hospitalization and for specific treatments, such as
physical therapy, said the Journal citing the elder care advocacy group
the AARP. After 20 days of full benefits, the patient must pay $133.50
daily, and then the full day’s cost each day after the first 100
days, noted the Journal.

When reviewing the Web site, the Journal warns consumers to conduct additional
research, such as in-facility visits, speaking to other residents, data
review, and state and other source review. Advocacy group, the National
Citizens’ Coalition for Nursing Home Reform, warns some nursing
home-provided data may contain errors and that consumers should check
regularly for monthly updates, said the Journal.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.